Legal Opinion

Brooke v. Jones & Oglesby

Supreme Court of Georgia

Decided July 10, 1915PublishedCited by 2 opinions

Equitable petition. Before Judge Eite. Bartow superior court. May 30, 1914. Jones & Oglesby and J. W. Bell filed their petition against George W. Brooke and J. P. Brooke. The case alleged may be briefly summarized as follows: George W. Brooke borrowed from the Lowry National Bank $4,000, to secure the payment of which he gave a deed to three lots of land in Bartow county.

Read the full summary

Equitable petition. Before Judge Eite. Bartow superior court. May 30, 1914. Jones & Oglesby and J. W. Bell filed their petition against George W. Brooke and J. P. Brooke. The case alleged may be briefly summarized as follows: George W. Brooke borrowed from the Lowry National Bank $4,000, to secure the payment of which he gave a deed to three lots of land in Bartow county. Later he sold to Bell, in two separate transactions, part of the land covered by the deed, giving Bell a bond for title thereto, receiving a part of the consideration in cash, and taking Bell’s notes aggregating $4,500. It…

1Opinion of the CourtHill, J.

Where A borrows money and secures it by deed to real estate, and subsequently sells a part of the land to B, giving him bond for title, and delivers the purchase-money notes to the holder of the security deed, which notes are in excess of the debt secured by such deed, and where B sells to C a portion of the land he has purchased and gives bond for title, and the two subsequent purchasers bring a suit against A, and others, praying certain equitable relief, and a demurrer to the petition is filed, it is error, in advance of passing on the demurrer and before the issues as made by the answer…

2Cited by2 opinions

  1. Erwin v. BrookeSupreme Court of Georgia · 1925
  2. Wade v. Calhoun National BankSupreme Court of Georgia · 1916

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API